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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets. Publicly available docket materials are available at https www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office SquareSuite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Offices official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square Suite 100, Mail code 052, Boston, MA
021093912, telephone number: 617
9181684, email address:
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.

applicable requirements of section 110a2.2 One of these applicable requirements is found in section 110a2DiI, otherwise known as the good neighbor provision, which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on other states due to interstate transport of pollution.
There are two so-called prongs within CAA section 110a2DiI. A SIP for a new or revised NAAQS must contain adequate provisions prohibiting any source or other type of emissions activity within the state from emitting air pollutants in amounts that will significantly contribute to nonattainment of the NAAQS in another state prong 1, or interfere with maintenance of the NAAQS in another state prong 2. EPA and states must give independent significance to prong 1 and prong 2 when evaluating downwind air quality problems under CAA section 110a2DiI.3
We note that EPA has addressed the interstate transport requirements of CAA section 110a2DiI with respect to prior ozone NAAQS in several regional regulatory actions, including the Cross-State Air Pollution Rule CSAPR, which addressed interstate transport with respect to the 1997 ozone NAAQS as well as the 1997
and 2006 fine particulate matter standards,4 the Cross-State Air Pollution Rule Update CSAPR Update, and, most recently, the Revised CSAPR Update for the 2008 ozone NAAQS.5 6
Through the development and implementation of CSAPR and other regional rulemakings pursuant to the good neighbor provision,7 EPA, working
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2 SIP revisions that are intended to meet the applicable requirements of section 110a1 and 2
of the CAA are often referred to as infrastructure SIPs and the applicable elements under section 110a2 are referred to as infrastructure requirements.
3 See North Carolina v. EPA, 531 F.3d 896, 909
911 D.C. Cir. 2008.
4 See 76 FR 48208 August 8, 2011.
5 In 2019, the D.C. Circuit Court of Appeals remanded the CSAPR Update to the extent it failed to require upwind states to eliminate their significant contribution by the next applicable attainment date by which downwind states must come into compliance with the NAAQS, as established under CAA section 181a. Wisconsin v.
EPA, 938 F.3d 303, 313 D.C. Cir. 2019.
6 The Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, 86 FR 23054
April 30, 2021, was signed by the EPA
Administrator on March 15, 2021, and responded to the remand of the CSAPR Update, 81 FR 74504
October 26, 2016, and the vacatur of a separate rule, the CSAPR Close-Out, 83 FR 65878 December 21, 2018, by the D.C. Circuit. Wisconsin v. EPA, 938 F.3d 303 D.C. Cir. 2019; New York v. EPA, 781
F. Appx. 4 D.C. Cir. 2019.
7 In addition to the CSAPR rulemakings, other regional rulemakings addressing ozone transport
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I. Background II. Connecticut Submittal III. EPA Evaluation of Connecticuts Submittal IV. Proposed Action V. Statutory and Executive Order Reviews
I. Background On October 1, 2015, EPA promulgated a revision to the ozone NAAQS 2015
ozone NAAQS, lowering the level of both the primary and secondary standards to 0.070 parts per million ppm.1 Section 110a1 of the CAA
requires states to submit, within 3 years after promulgation of a new or revised standard, SIP submissions meeting the 1 National Ambient Air Quality Standards for Ozone, Final Rule, 80 FR 65292 October 26, 2015.
Although the level of the standard is specified in the units of ppm, ozone concentrations are also described in parts per billion ppb. For example, 0.070 ppm is equivalent to 70 ppb.

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in partnership with states, developed the following four-step interstate transport framework to address the requirements of the good neighbor provision for the ozone NAAQS: 1
Identify downwind air quality problems; 2 identify upwind states that impact those downwind air quality problems sufficiently such that they are considered linked and therefore warrant further review and analysis; 3
identify the emissions reductions necessary if any, applying a multifactor analysis, to prevent linked upwind states identified in step 2 from contributing significantly to nonattainment or interfering with maintenance of the NAAQS at the locations of the downwind air quality problems; and 4 adopt permanent and enforceable measures needed to achieve those emissions reductions.
EPA has released several documents containing information relevant to evaluating interstate transport with respect to the 2015 ozone NAAQS. First, on January 6, 2017, EPA published a notice of data availability NODA with preliminary interstate ozone transport modeling with projected ozone design values DVs for 2023 using a 2011 base year platform, on which we requested public comment.8 In the NODA, EPA
used the year 2023 as the analytic year for this preliminary modeling because that year aligns with the expected attainment year for Moderate ozone nonattainment areas for the 2015 ozone NAAQS.9 On October 27, 2017, we released a memorandum 2017 memo containing updated modeling data for 2023, which incorporated changes made in response to comments on the NODA, and noted that the modeling may be useful for states developing SIPs to address good neighbor obligations for the 2008 ozone NAAQS.10 On March 27, 2018, we issued a memorandum March 2018 memo noting that the same 2023
modeling data released in the 2017
memo could also be useful for identifying potential downwind air quality problems with respect to the 2015 ozone NAAQS at step 1 of the include the NOX SIP Call, 63 FR 57356 October 27, 1998, and the Clean Air Interstate Rule CAIR, 70
FR 25162 May 12, 2005.
8 See Notice of Availability of the Environmental Protection Agencys Preliminary Interstate Ozone Transport Modeling Data for the 2015 Ozone National Ambient Air Quality Standard NAAQS, 82 FR 1733 January 6, 2017.
9 82 FR 1733, 1735 January 6, 2017.
10 See Information on the Interstate Transport State Implementation Plan Submissions for the 2008 Ozone National Ambient Air Quality Standards under Clean Air Act Section 110a2DiI, October 27, 2017, available in the docket for this action or at https www.epa.gov/
interstate-air-pollution-transport/interstate-airpollution-transport-memos-and-notices.

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